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{{#Wiki_filter:URANIUM RECOVERY LICENSE ISSUANCE AND AMENDMENT REVIEWS - DURATION AND RECOMMENDATIONS TO IMPROVE EFFICIENCY AND TRANSPARENCY A Report for the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce By The U. S. Nuclear Regulatory Commission Enclosure
{{#Wiki_filter:Enclosure URANIUM RECOVERY LICENSE ISSUANCE AND AMENDMENT REVIEWS - DURATION AND RECOMMENDATIONS TO IMPROVE EFFICIENCY AND TRANSPARENCY A Report for the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce By The U. S. Nuclear Regulatory Commission  


INTRODUCTION The U.S. Nuclear Regulatory Commission (NRC) developed this report as required by the Nuclear Energy Innovation and Modernization Act (NEIMA). Specifically, Section 201 of NEIMA requires the NRC to submit to the appropriate congressional committees a report describing (1) the duration of uranium recovery license issuance and amendment reviews and (2) recommendations to improve efficiency and transparency of uranium recovery license issuance and amendment reviews.
1 INTRODUCTION The U.S. Nuclear Regulatory Commission (NRC) developed this report as required by the Nuclear Energy Innovation and Modernization Act (NEIMA). Specifically, Section 201 of NEIMA requires the NRC to submit to the appropriate congressional committees a report describing (1) the duration of uranium recovery license issuance and amendment reviews and (2) recommendations to improve efficiency and transparency of uranium recovery license issuance and amendment reviews.
BACKGROUND The NRCs mission is to license and regulate the Nations civilian use of radioactive materials to provide reasonable assurance of adequate protection of public health and safety, to promote the common defense and security, and to protect the environment. Uranium recovery licensees are regulated by the NRC under Title 10, Part 20, of the Code of Federal Regulations (10 CFR Part 20), Standards for Protection Against Radiation; 10 CFR Part 40, Domestic Licensing of Source Material; and Appendix A to 10 CFR Part 40, Criteria Relating to the Operation of Uranium Mills and the Disposition of Tailings or Wastes Produced by the Extraction or Concentration of Source Material From Ores Processed Primarily for Their Source Material Content.
BACKGROUND The NRCs mission is to license and regulate the Nations civilian use of radioactive materials to provide reasonable assurance of adequate protection of public health and safety, to promote the common defense and security, and to protect the environment. Uranium recovery licensees are regulated by the NRC under Title 10, Part 20, of the Code of Federal Regulations (10 CFR Part 20), Standards for Protection Against Radiation; 10 CFR Part 40, Domestic Licensing of Source Material; and Appendix A to 10 CFR Part 40, Criteria Relating to the Operation of Uranium Mills and the Disposition of Tailings or Wastes Produced by the Extraction or Concentration of Source Material From Ores Processed Primarily for Their Source Material Content.
In addition to NRC-regulated uranium recovery facilities, some State governments regulate uranium recovery facilities under the NRCs Agreement State program. Agreement States are those States that have entered into formal agreements with the NRC, pursuant to Section 274 of the Atomic Energy Act of 1954, as amended (AEA), to regulate certain quantities of AEA material at facilities within their borders. This report does not address uranium recovery license issuance and amendment reviews conducted under Agreement State programs.
In addition to NRC-regulated uranium recovery facilities, some State governments regulate uranium recovery facilities under the NRCs Agreement State program. Agreement States are those States that have entered into formal agreements with the NRC, pursuant to Section 274 of the Atomic Energy Act of 1954, as amended (AEA), to regulate certain quantities of AEA material at facilities within their borders. This report does not address uranium recovery license issuance and amendment reviews conducted under Agreement State programs.
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Since 2006, the NRC has issued licenses for six new uranium recovery facilities, amendments for eight expansions of existing facilities, and license renewals for four facilities. On September 30, 2018, the State of Wyoming assumed regulatory responsibilities for uranium recovery activities within the state under the NRCs Agreement State program. This resulted in the NRC retaining only three uranium recovery facilities licensed to operate under the NRCs direct regulatory authority. Two of the three facilities have not yet been constructed.
Since 2006, the NRC has issued licenses for six new uranium recovery facilities, amendments for eight expansions of existing facilities, and license renewals for four facilities. On September 30, 2018, the State of Wyoming assumed regulatory responsibilities for uranium recovery activities within the state under the NRCs Agreement State program. This resulted in the NRC retaining only three uranium recovery facilities licensed to operate under the NRCs direct regulatory authority. Two of the three facilities have not yet been constructed.
For all major uranium recovery licensing actions, the NRCs goal is to complete the reviews within 36 months from application acceptance. For those reviews that exceeded this goal, the factors that contributed to increasing the NRC staffs review time included the time for an applicant to adequately respond to the NRC staffs questions and open issues, resource constraints resulting from emergent issues, or applicant requests for the agency to defer a review.
For all major uranium recovery licensing actions, the NRCs goal is to complete the reviews within 36 months from application acceptance. For those reviews that exceeded this goal, the factors that contributed to increasing the NRC staffs review time included the time for an applicant to adequately respond to the NRC staffs questions and open issues, resource constraints resulting from emergent issues, or applicant requests for the agency to defer a review.
Since 2007, the average time for the NRC staff to issue a license associated with a new uranium recovery facility was approximately 41 months. The duration of the reviews ranged 1
Since 2007, the average time for the NRC staff to issue a license associated with a new uranium recovery facility was approximately 41 months. The duration of the reviews ranged  


from 33.5 to 54.5 months. Details on the six new uranium recovery licenses issued since 2007 are shown in Table 1.
2 from 33.5 to 54.5 months. Details on the six new uranium recovery licenses issued since 2007 are shown in Table 1.
The NRC staff has renewed four uranium recovery licenses since 2006. The average duration for a renewal review was approximately 62 months. The duration of the renewal reviews ranged from 43.5 to 80 months. Table 3 provides details on the duration of reviews for renewals of existing licenses.
The NRC staff has renewed four uranium recovery licenses since 2006. The average duration for a renewal review was approximately 62 months. The duration of the renewal reviews ranged from 43.5 to 80 months. Table 3 provides details on the duration of reviews for renewals of existing licenses.
In addition to the major licensing actions described above, the NRC staff also reviews a range of minor licensing actions and other regulatory actions. These actions include: annual reviews of financial assurance arrangements, administrative amendments, amendments that modify existing license conditions, and license transfers. The NRC staff's goal for completing the review for each of these types of actions is 12 months after acceptance. If an environmental assessment (EA) is required, the review could take additional time. Due to their smaller impact on resources, the NRC staff has not tracked these minor licensing actions as part of its performance metrics. However, going forward, the NRC staff will track all licensing actions as part of implementing other provisions in NEIMA.
In addition to the major licensing actions described above, the NRC staff also reviews a range of minor licensing actions and other regulatory actions. These actions include: annual reviews of financial assurance arrangements, administrative amendments, amendments that modify existing license conditions, and license transfers. The NRC staff's goal for completing the review for each of these types of actions is 12 months after acceptance. If an environmental assessment (EA) is required, the review could take additional time. Due to their smaller impact on resources, the NRC staff has not tracked these minor licensing actions as part of its performance metrics. However, going forward, the NRC staff will track all licensing actions as part of implementing other provisions in NEIMA.
RECOMMENDATIONS TO IMPROVE EFFICIENCY AND TRANSPARENCY OF URANIUM RECOVERY LICENSE ISSUANCE AND AMENDMENT REVIEWS The NRC staff completed a self-assessment of the uranium recovery licensing process in May 2017 that benchmarked uranium recovery licensing reviews against other NRC licensing reviews and best practices to improve efficiency for the uranium recovery licensing process. In response to the self-assessment, the staff implemented the following improvements:
RECOMMENDATIONS TO IMPROVE EFFICIENCY AND TRANSPARENCY OF URANIUM RECOVERY LICENSE ISSUANCE AND AMENDMENT REVIEWS The NRC staff completed a self-assessment of the uranium recovery licensing process in May 2017 that benchmarked uranium recovery licensing reviews against other NRC licensing reviews and best practices to improve efficiency for the uranium recovery licensing process. In response to the self-assessment, the staff implemented the following improvements:
* Standardizing pre-application activities and the acceptance review process;
Standardizing pre-application activities and the acceptance review process; Enhancing the planning and scheduling processes; Creating a prioritization system for new applications; Standardizing request for additional information guidance and process; Use of tiering (i.e., supplementing the Generic EIS for uranium recovery) in environmental reviews; Conducting consultation under Section 106 of the National Historic Preservation Act; Standardizing safety evaluation templates.
* Enhancing the planning and scheduling processes;
* Creating a prioritization system for new applications;
* Standardizing request for additional information guidance and process;
* Use of tiering (i.e., supplementing the Generic EIS for uranium recovery) in environmental reviews;
* Conducting consultation under Section 106 of the National Historic Preservation Act;
* Standardizing safety evaluation templates.
In addition to these improvements, the NRC staff has undertaken several other activities to improve the licensing and oversight process for uranium recovery facilities. These activities include:
In addition to these improvements, the NRC staff has undertaken several other activities to improve the licensing and oversight process for uranium recovery facilities. These activities include:
* Increasing the term of uranium recovery licenses from 10 to 20 years as discussed in SECY-17-0086, Increasing License Terms for Uranium Recovery Facilities. The Commission approved this policy change in November 2017.
Increasing the term of uranium recovery licenses from 10 to 20 years as discussed in SECY-17-0086, Increasing License Terms for Uranium Recovery Facilities. The Commission approved this policy change in November 2017.
* Initiating a revision of the Standard Review Plan for In Situ Leach Uranium Extraction License Applications with plans to make the guidance more risk-informed and performance-based.
Initiating a revision of the Standard Review Plan for In Situ Leach Uranium Extraction License Applications with plans to make the guidance more risk-informed and performance-based.
* Improving transparency and communication with licensees and applicants on schedules and fees. Costs for actions are now posted on the NRC public website and project managers discuss upcoming work with licensees and applicants so that they can better budget for the NRC fees.
Improving transparency and communication with licensees and applicants on schedules and fees. Costs for actions are now posted on the NRC public website and project managers discuss upcoming work with licensees and applicants so that they can better budget for the NRC fees.
* Working with the Environmental Protection Agency (EPA) to develop a memorandum of understanding regarding the respective roles of the NRC and EPA as defined in the Uranium Mill Tailings Radiation Control Act of 1978 with respect to the regulation and 2
Working with the Environmental Protection Agency (EPA) to develop a memorandum of understanding regarding the respective roles of the NRC and EPA as defined in the Uranium Mill Tailings Radiation Control Act of 1978 with respect to the regulation and  


licensing of uranium in situ recovery (ISR) facilities. The NRC staff is also considering whether to continue with a rulemaking, deferred since 2010, to add ISR-specific regulations to 10 CFR Part 40 for the purpose of standardizing, streamlining, and expediting the licensing of uranium ISR facilities (84 FR 574, January 31, 2019).
3 licensing of uranium in situ recovery (ISR) facilities. The NRC staff is also considering whether to continue with a rulemaking, deferred since 2010, to add ISR-specific regulations to 10 CFR Part 40 for the purpose of standardizing, streamlining, and expediting the licensing of uranium ISR facilities (84 FR 574, January 31, 2019).
CONCLUSION The NRC staff has developed and implemented process changes to improve efficiency and transparency in uranium recovery licensing. However, given the significant decline in activity associated with existing uranium recovery licenses and new applications, the full impact on efficiency from these changes may not be fully realized until new licensing actions and applications are submitted. While the agency will continue to pursue additional improvements in efficiency and transparency, the NRC staff will gain experience and obtain data from new uranium recovery applications and actions that will be reviewed under the already implemented process improvements, before developing additional recommendations.
CONCLUSION The NRC staff has developed and implemented process changes to improve efficiency and transparency in uranium recovery licensing. However, given the significant decline in activity associated with existing uranium recovery licenses and new applications, the full impact on efficiency from these changes may not be fully realized until new licensing actions and applications are submitted. While the agency will continue to pursue additional improvements in efficiency and transparency, the NRC staff will gain experience and obtain data from new uranium recovery applications and actions that will be reviewed under the already implemented process improvements, before developing additional recommendations.  
3


Table 1 Summary of Major Licensing Actions - New Facility Safety Evaluation         Time to                                                                 Duration of Date                                            EA/EIS       Time to EA/EIS           Date Licensee and        Date of                          Report            SER                                                                    Review at Accepted                                        Completion      Completion           License Site Name        Submittal                          (SER)         Completion                                                                Completion for Review                                          Date             (months)            Issued Completion         (months)                                                                (months) (1)
4 Table 1 Summary of Major Licensing Actions - New Facility Licensee and Site Name Date of Submittal Date Accepted for Review Safety Evaluation Report (SER)
Date Uranium One Americas, Inc. 10/02/2007       12/20/2007     09/30/2010           33.5       08/19/2010             32.0           09/30/2010             33.5 Moore Ranch Uranerz Energy 11/30/2007       04/14/2008     07/19/2011           39.5       01/21/2011             33.5           07/19/2011             39.5 Corporation Nichols Ranch Lost Creek ISR, LLC       03/31/2008       06/10/2008     08/17/2011           38.5       06/17/2011             36.5           08/17/2011             38.5 Lost Creek Powertech Uranium Corporation       08/10/2009       10/02/2009     03/18/2013           42.0       01/29/2014             52.0           04/08/2014             54.5 Dewey Burdock (3)
Completion Date Time to SER Completion (months)
Strata Energy, 01/06/2011       06/28/2011     02/28/2013           20.0       02/28/2014             32.5           04/24/2014               34 Inc. Ross (2)
EA/EIS Completion Date Time to EA/EIS Completion (months)
AUC LLC 10/05/2012       06/18/2013     09/30/2016           39.5       12/16/2016             42.0           02/17/2017             44.5 Reno Creek Notes:
Date License Issued Duration of Review at Completion (months) (1)
Uranium One Americas, Inc.
Moore Ranch 10/02/2007 12/20/2007 09/30/2010 33.5 08/19/2010 32.0 09/30/2010 33.5 Uranerz Energy Corporation Nichols Ranch 11/30/2007 04/14/2008 07/19/2011 39.5 01/21/2011 33.5 07/19/2011 39.5 Lost Creek ISR, LLC Lost Creek 03/31/2008 06/10/2008 08/17/2011 38.5 06/17/2011 36.5 08/17/2011 38.5 Powertech Uranium Corporation Dewey Burdock (3) 08/10/2009 10/02/2009 03/18/2013 42.0 01/29/2014 52.0 04/08/2014 54.5 Strata Energy, Inc. Ross (2) 01/06/2011 06/28/2011 02/28/2013 20.0 02/28/2014 32.5 04/24/2014 34 AUC LLC Reno Creek 10/05/2012 06/18/2013 09/30/2016 39.5 12/16/2016 42.0 02/17/2017 44.5 Notes:
(1) Time to completion is the time from when the application was accepted until the license was issued. It includes any applicant and NRC staff induced delays.
(1) Time to completion is the time from when the application was accepted until the license was issued. It includes any applicant and NRC staff induced delays.
(2) A hearing was held for this review.
(2) A hearing was held for this review.
(3) A hearing was held for this review and this matter continues before the Atomic Safety and Licensing Board; appeals are currently pending before the Commission with respect to a partial decision of the Board.
(3) A hearing was held for this review and this matter continues before the Atomic Safety and Licensing Board; appeals are currently pending before the Commission with respect to a partial decision of the Board.  
4


Table 2 Summary of Major Licensing Actions - Expansion Amendments Date                                                           Time to                    Duration of SER         Time to SER         EA/EIS                           Date Licensee and          Date of      Accepted                                                          EA/EIS                       Review at Completion      Completion      Completion                         License Amendment Name          Submittal        for                                                        Completion                    Completion Date          (months)           Date                           Issued Review                                                         (months)                    (months) (1)
5 Table 2 Summary of Major Licensing Actions - Expansion Amendments Licensee and Amendment Name Date of Submittal Date Accepted for Review SER Completion Date Time to SER Completion (months)
EA/EIS Completion Date Time to EA/EIS Completion (months)
Date License Issued Duration of Review at Completion (months) (1)
Power Resources, Inc.
Power Resources, Inc.
01/14/2005   03/23/2005     01/31/2007         22.5         01/05/2007           21.5       01/31/2007       22.5 Reynolds Ranch Power Resources, Inc.
Reynolds Ranch 01/14/2005 03/23/2005 01/31/2007 22.5 01/05/2007 21.5 01/31/2007 22.5 Power Resources, Inc.
10/11/2006   11/09/2006     01/10/2008         14.0         12/26/2007           13.5       01/10/2008       14.0 SR-2 Satellite Lost Creek ISR, LLC 01/06/2012   03/01/2012     04/22/2013         14.0         03/29/2013           13.0       04/22/2013       14.0 Vacuum Dryer Addition Crow Butte Resources, 05/30/2007   08/28/2007     07/21/2013         71.0             N/A             N/A             N/A           N/A Inc. North Trend (2)
SR-2 Satellite 10/11/2006 11/09/2006 01/10/2008 14.0 12/26/2007 13.5 01/10/2008 14.0 Lost Creek ISR, LLC Vacuum Dryer Addition 01/06/2012 03/01/2012 04/22/2013 14.0 03/29/2013 13.0 04/22/2013 14.0 Crow Butte Resources, Inc. North Trend (2) 05/30/2007 08/28/2007 07/21/2013 71.0 N/A N/A N/A N/A Uranerz J Energy Corp. Jane Dough 05/08/2014 08/10/2015 01/24/2017 17.5 03/23/2017 19.5 03/22/2017 19.5 Crow Butte Resources, Inc. Marsland (3) 06/20/2012 10/05/2012 01/29/2018 64.0 04/27/2018 67.0 05/23/2018 68.0 Lost Creek ISR, LLC LC East/KM Horizon (4) 02/02/2015 05/02/2017 08/07/2018 15.5 N/A N/A N/A N/A Uranium One Americas, Inc.
Uranerz J Energy 05/08/2014   08/10/2015     01/24/2017         17.5         03/23/2017           19.5       03/22/2017       19.5 Corp. Jane Dough Crow Butte Resources, 06/20/2012   10/05/2012     01/29/2018         64.0         04/27/2018           67.0       05/23/2018       68.0 Inc. Marsland (3)
Ludeman 12/06/2011 05/16/2012 03/01/2018 70.0 08/02/2018 75.0 08/24/2018 75.5 Notes:
Lost Creek ISR, LLC 02/02/2015 05/02/2017       08/07/2018         15.5             N/A             N/A             N/A           N/A LC East/KM Horizon (4)
Uranium One Americas, Inc.       12/06/2011 05/16/2012       03/01/2018         70.0         08/02/2018           75.0       08/24/2018       75.5 Ludeman Notes:
(1) Time to completion is the time from when the application was accepted until the license amendment was issued. It includes any applicant and NRC staff induced delays.
(1) Time to completion is the time from when the application was accepted until the license amendment was issued. It includes any applicant and NRC staff induced delays.
(2) NRC staff suspended its work on the EA, per the licensee's request, on 12/16/2015. On 04/04/2018, the licensee reiterated its request that the NRC staff continue to hold the review in abeyance. A hearing has been granted on this application; the adjudication likewise is currently in abeyance.
(2) NRC staff suspended its work on the EA, per the licensee's request, on 12/16/2015. On 04/04/2018, the licensee reiterated its request that the NRC staff continue to hold the review in abeyance. A hearing has been granted on this application; the adjudication likewise is currently in abeyance.
(3) A hearing was held for this review; the Atomic Safety and Licensing Board issued its final decision in the case, in favor of Crow Butte and the staff, on 02/28/2019. An appeal is currently pending before the Commission with respect to that decision.
(3) A hearing was held for this review; the Atomic Safety and Licensing Board issued its final decision in the case, in favor of Crow Butte and the staff, on 02/28/2019. An appeal is currently pending before the Commission with respect to that decision.
(4) NRC staffs endpoint for this review was completion of the SER. The State of Wyoming assumed responsibility for completing the review when it became an Agreement State on 09/30/2018.
(4) NRC staffs endpoint for this review was completion of the SER. The State of Wyoming assumed responsibility for completing the review when it became an Agreement State on 09/30/2018.  
5


Table 3 Summary of Major Licensing Actions - Renewals Date                                                       Time to                      Duration of SER         Time to SER       EA/EIS                           Date Licensee and Site        Date of      Accepted                                                      EA/EIS                         Review at Completion     Completion      Completion                      License Name            Submittal        for                                                      Completion                    Completion Date          (months)         Date                           Issued Review                                                     (months)                      (months) (1)
6 Table 3 Summary of Major Licensing Actions - Renewals Licensee and Site Name Date of Submittal Date Accepted for Review SER Completion Date Time to SER Completion (months)
Uranium One, USA, 05/30/2008     12/29/2008   03/07/2013           50.5       01/16/2013         49.0         03/07/2013       50.5 Inc. Willow Creek Crow Butte 11/27/2007     03/28/2008   12/28/2012           57.5       10/30/2014         79.5         11/05/2014       80.0 Resources, Inc. (2)
EA/EIS Completion Date Time to EA/EIS Completion (months)
Kennecott Uranium 09/08/2014     11/25/2014   02/28/2018           39.5       06/04/2018         42.5         07/05/2018       43.5 Company Sweetwater Power Resources, 02/01/2012     07/05/2012   09/24/2018           75.0       09/20/2018         75.0         09/26/2018       75.0 Inc. Smith Ranch Notes:
Date License Issued Duration of Review at Completion (months) (1)
Uranium One, USA, Inc. Willow Creek 05/30/2008 12/29/2008 03/07/2013 50.5 01/16/2013 49.0 03/07/2013 50.5 Crow Butte Resources, Inc. (2) 11/27/2007 03/28/2008 12/28/2012 57.5 10/30/2014 79.5 11/05/2014 80.0 Kennecott Uranium Company Sweetwater 09/08/2014 11/25/2014 02/28/2018 39.5 06/04/2018 42.5 07/05/2018 43.5 Power Resources, Inc. Smith Ranch 02/01/2012 07/05/2012 09/24/2018 75.0 09/20/2018 75.0 09/26/2018 75.0 Notes:
(1) Time to completion is the time from when the application was accepted until the renewed license was issued. It includes any applicant and NRC staff induced delays.
(1) Time to completion is the time from when the application was accepted until the renewed license was issued. It includes any applicant and NRC staff induced delays.
(2) A hearing was held for this review; appeals are currently pending before the Commission.
(2) A hearing was held for this review; appeals are currently pending before the Commission.}}
6}}

Latest revision as of 04:15, 5 January 2025

Uranium Recovery License Issuance and Amendment Reviews - Duration and Recommendations to Improve Efficiency and Transparency - a Report for the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce
ML19074A114
Person / Time
Issue date: 04/10/2019
From: Kristine Svinicki
NRC/Chairman
To: Barrasso J, Pallone F
US Congress, US HR (House of Representatives), US SEN (Senate)
Mandeville D
References
CORR-19-0030
Download: ML19074A114 (7)
v • d • e


Text

Enclosure URANIUM RECOVERY LICENSE ISSUANCE AND AMENDMENT REVIEWS - DURATION AND RECOMMENDATIONS TO IMPROVE EFFICIENCY AND TRANSPARENCY A Report for the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce By The U. S. Nuclear Regulatory Commission

1 INTRODUCTION The U.S. Nuclear Regulatory Commission (NRC) developed this report as required by the Nuclear Energy Innovation and Modernization Act (NEIMA). Specifically, Section 201 of NEIMA requires the NRC to submit to the appropriate congressional committees a report describing (1) the duration of uranium recovery license issuance and amendment reviews and (2) recommendations to improve efficiency and transparency of uranium recovery license issuance and amendment reviews.

BACKGROUND The NRCs mission is to license and regulate the Nations civilian use of radioactive materials to provide reasonable assurance of adequate protection of public health and safety, to promote the common defense and security, and to protect the environment. Uranium recovery licensees are regulated by the NRC under Title 10, Part 20, of the Code of Federal Regulations (10 CFR Part 20), Standards for Protection Against Radiation; 10 CFR Part 40, Domestic Licensing of Source Material; and Appendix A to 10 CFR Part 40, Criteria Relating to the Operation of Uranium Mills and the Disposition of Tailings or Wastes Produced by the Extraction or Concentration of Source Material From Ores Processed Primarily for Their Source Material Content.

In addition to NRC-regulated uranium recovery facilities, some State governments regulate uranium recovery facilities under the NRCs Agreement State program. Agreement States are those States that have entered into formal agreements with the NRC, pursuant to Section 274 of the Atomic Energy Act of 1954, as amended (AEA), to regulate certain quantities of AEA material at facilities within their borders. This report does not address uranium recovery license issuance and amendment reviews conducted under Agreement State programs.

DURATION OF LICENSE ISSUANCE AND LICENSE AMENDMENT REVIEWS The NRC staff reviews applications for new uranium recovery facilities, expansions of existing facilities, and renewals of existing licenses. In conducting these reviews, the NRC staff develops a safety evaluation report that documents the staffs findings and completes a review of the environmental impacts of the proposed activity and documents its findings. The staff also consults with state and Tribal agencies regarding cultural resources near these facilities.

Since 2006, the NRC has issued licenses for six new uranium recovery facilities, amendments for eight expansions of existing facilities, and license renewals for four facilities. On September 30, 2018, the State of Wyoming assumed regulatory responsibilities for uranium recovery activities within the state under the NRCs Agreement State program. This resulted in the NRC retaining only three uranium recovery facilities licensed to operate under the NRCs direct regulatory authority. Two of the three facilities have not yet been constructed.

For all major uranium recovery licensing actions, the NRCs goal is to complete the reviews within 36 months from application acceptance. For those reviews that exceeded this goal, the factors that contributed to increasing the NRC staffs review time included the time for an applicant to adequately respond to the NRC staffs questions and open issues, resource constraints resulting from emergent issues, or applicant requests for the agency to defer a review.

Since 2007, the average time for the NRC staff to issue a license associated with a new uranium recovery facility was approximately 41 months. The duration of the reviews ranged

2 from 33.5 to 54.5 months. Details on the six new uranium recovery licenses issued since 2007 are shown in Table 1.

The NRC staff has renewed four uranium recovery licenses since 2006. The average duration for a renewal review was approximately 62 months. The duration of the renewal reviews ranged from 43.5 to 80 months. Table 3 provides details on the duration of reviews for renewals of existing licenses.

In addition to the major licensing actions described above, the NRC staff also reviews a range of minor licensing actions and other regulatory actions. These actions include: annual reviews of financial assurance arrangements, administrative amendments, amendments that modify existing license conditions, and license transfers. The NRC staff's goal for completing the review for each of these types of actions is 12 months after acceptance. If an environmental assessment (EA) is required, the review could take additional time. Due to their smaller impact on resources, the NRC staff has not tracked these minor licensing actions as part of its performance metrics. However, going forward, the NRC staff will track all licensing actions as part of implementing other provisions in NEIMA.

RECOMMENDATIONS TO IMPROVE EFFICIENCY AND TRANSPARENCY OF URANIUM RECOVERY LICENSE ISSUANCE AND AMENDMENT REVIEWS The NRC staff completed a self-assessment of the uranium recovery licensing process in May 2017 that benchmarked uranium recovery licensing reviews against other NRC licensing reviews and best practices to improve efficiency for the uranium recovery licensing process. In response to the self-assessment, the staff implemented the following improvements:

Standardizing pre-application activities and the acceptance review process; Enhancing the planning and scheduling processes; Creating a prioritization system for new applications; Standardizing request for additional information guidance and process; Use of tiering (i.e., supplementing the Generic EIS for uranium recovery) in environmental reviews; Conducting consultation under Section 106 of the National Historic Preservation Act; Standardizing safety evaluation templates.

In addition to these improvements, the NRC staff has undertaken several other activities to improve the licensing and oversight process for uranium recovery facilities. These activities include:

Increasing the term of uranium recovery licenses from 10 to 20 years as discussed in SECY-17-0086, Increasing License Terms for Uranium Recovery Facilities. The Commission approved this policy change in November 2017.

Initiating a revision of the Standard Review Plan for In Situ Leach Uranium Extraction License Applications with plans to make the guidance more risk-informed and performance-based.

Improving transparency and communication with licensees and applicants on schedules and fees. Costs for actions are now posted on the NRC public website and project managers discuss upcoming work with licensees and applicants so that they can better budget for the NRC fees.

Working with the Environmental Protection Agency (EPA) to develop a memorandum of understanding regarding the respective roles of the NRC and EPA as defined in the Uranium Mill Tailings Radiation Control Act of 1978 with respect to the regulation and

3 licensing of uranium in situ recovery (ISR) facilities. The NRC staff is also considering whether to continue with a rulemaking, deferred since 2010, to add ISR-specific regulations to 10 CFR Part 40 for the purpose of standardizing, streamlining, and expediting the licensing of uranium ISR facilities (84 FR 574, January 31, 2019).

CONCLUSION The NRC staff has developed and implemented process changes to improve efficiency and transparency in uranium recovery licensing. However, given the significant decline in activity associated with existing uranium recovery licenses and new applications, the full impact on efficiency from these changes may not be fully realized until new licensing actions and applications are submitted. While the agency will continue to pursue additional improvements in efficiency and transparency, the NRC staff will gain experience and obtain data from new uranium recovery applications and actions that will be reviewed under the already implemented process improvements, before developing additional recommendations.

4 Table 1 Summary of Major Licensing Actions - New Facility Licensee and Site Name Date of Submittal Date Accepted for Review Safety Evaluation Report (SER)

Completion Date Time to SER Completion (months)

EA/EIS Completion Date Time to EA/EIS Completion (months)

Date License Issued Duration of Review at Completion (months) (1)

Uranium One Americas, Inc.

Moore Ranch 10/02/2007 12/20/2007 09/30/2010 33.5 08/19/2010 32.0 09/30/2010 33.5 Uranerz Energy Corporation Nichols Ranch 11/30/2007 04/14/2008 07/19/2011 39.5 01/21/2011 33.5 07/19/2011 39.5 Lost Creek ISR, LLC Lost Creek 03/31/2008 06/10/2008 08/17/2011 38.5 06/17/2011 36.5 08/17/2011 38.5 Powertech Uranium Corporation Dewey Burdock (3) 08/10/2009 10/02/2009 03/18/2013 42.0 01/29/2014 52.0 04/08/2014 54.5 Strata Energy, Inc. Ross (2) 01/06/2011 06/28/2011 02/28/2013 20.0 02/28/2014 32.5 04/24/2014 34 AUC LLC Reno Creek 10/05/2012 06/18/2013 09/30/2016 39.5 12/16/2016 42.0 02/17/2017 44.5 Notes:

(1) Time to completion is the time from when the application was accepted until the license was issued. It includes any applicant and NRC staff induced delays.

(2) A hearing was held for this review.

(3) A hearing was held for this review and this matter continues before the Atomic Safety and Licensing Board; appeals are currently pending before the Commission with respect to a partial decision of the Board.

5 Table 2 Summary of Major Licensing Actions - Expansion Amendments Licensee and Amendment Name Date of Submittal Date Accepted for Review SER Completion Date Time to SER Completion (months)

EA/EIS Completion Date Time to EA/EIS Completion (months)

Date License Issued Duration of Review at Completion (months) (1)

Power Resources, Inc.

Reynolds Ranch 01/14/2005 03/23/2005 01/31/2007 22.5 01/05/2007 21.5 01/31/2007 22.5 Power Resources, Inc.

SR-2 Satellite 10/11/2006 11/09/2006 01/10/2008 14.0 12/26/2007 13.5 01/10/2008 14.0 Lost Creek ISR, LLC Vacuum Dryer Addition 01/06/2012 03/01/2012 04/22/2013 14.0 03/29/2013 13.0 04/22/2013 14.0 Crow Butte Resources, Inc. North Trend (2) 05/30/2007 08/28/2007 07/21/2013 71.0 N/A N/A N/A N/A Uranerz J Energy Corp. Jane Dough 05/08/2014 08/10/2015 01/24/2017 17.5 03/23/2017 19.5 03/22/2017 19.5 Crow Butte Resources, Inc. Marsland (3) 06/20/2012 10/05/2012 01/29/2018 64.0 04/27/2018 67.0 05/23/2018 68.0 Lost Creek ISR, LLC LC East/KM Horizon (4) 02/02/2015 05/02/2017 08/07/2018 15.5 N/A N/A N/A N/A Uranium One Americas, Inc.

Ludeman 12/06/2011 05/16/2012 03/01/2018 70.0 08/02/2018 75.0 08/24/2018 75.5 Notes:

(1) Time to completion is the time from when the application was accepted until the license amendment was issued. It includes any applicant and NRC staff induced delays.

(2) NRC staff suspended its work on the EA, per the licensee's request, on 12/16/2015. On 04/04/2018, the licensee reiterated its request that the NRC staff continue to hold the review in abeyance. A hearing has been granted on this application; the adjudication likewise is currently in abeyance.

(3) A hearing was held for this review; the Atomic Safety and Licensing Board issued its final decision in the case, in favor of Crow Butte and the staff, on 02/28/2019. An appeal is currently pending before the Commission with respect to that decision.

(4) NRC staffs endpoint for this review was completion of the SER. The State of Wyoming assumed responsibility for completing the review when it became an Agreement State on 09/30/2018.

6 Table 3 Summary of Major Licensing Actions - Renewals Licensee and Site Name Date of Submittal Date Accepted for Review SER Completion Date Time to SER Completion (months)

EA/EIS Completion Date Time to EA/EIS Completion (months)

Date License Issued Duration of Review at Completion (months) (1)

Uranium One, USA, Inc. Willow Creek 05/30/2008 12/29/2008 03/07/2013 50.5 01/16/2013 49.0 03/07/2013 50.5 Crow Butte Resources, Inc. (2) 11/27/2007 03/28/2008 12/28/2012 57.5 10/30/2014 79.5 11/05/2014 80.0 Kennecott Uranium Company Sweetwater 09/08/2014 11/25/2014 02/28/2018 39.5 06/04/2018 42.5 07/05/2018 43.5 Power Resources, Inc. Smith Ranch 02/01/2012 07/05/2012 09/24/2018 75.0 09/20/2018 75.0 09/26/2018 75.0 Notes:

(1) Time to completion is the time from when the application was accepted until the renewed license was issued. It includes any applicant and NRC staff induced delays.

(2) A hearing was held for this review; appeals are currently pending before the Commission.

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